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Terms and Conditions
Introduction
V-UNIQUE (PTY) Ltd., with its registered office address at No. 132 4th Street, Parkmore, Sandton, Gauteng, South Africa, 2196, operates the www.v-unique.co.za website. V-UNIQUE (PTY) Ltd. is the merchant of record.
Any reference to “us” or “we” or “our” in these Terms and Conditions refers to V-UNIQUE (PTY) Ltd. Any reference to “you” refers to the Customer as a Purchaser of V-UNIQUE (PTY) Ltd. products.
These Website Terms and Conditions govern the ordering, sale, and delivery of Goods, and the use of www.v-unique.co.za. (Website)
These Terms and Conditions are binding and enforceable upon every person that accesses or uses the Website, including without limitation to each user who registers as contemplated below (“Registered User”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
Important Notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) of South Africa.
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which may limit the risk or liability of V-UNIQUE or a third party; and/or may create risk or liability for the user; and/or may compel the user to indemnify V-UNIQUE or a third party; and/or serves as an acknowledgment, by the user, of a fact.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or V-UNIQUE in terms of the CPA.
V-UNIQUE permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
We reserve the right to amend these Terms and Conditions from time to time. Every time you wish to place an order, you are requested to check these Terms and Conditions to ensure you understand the Terms which will apply at that current time.
Returns and Refunds
Please refer to our Returns and Refunds Policy for more information relating to refunds and returns. The Returns Policy and Refunds Policy is incorporated by reference forming part of these Terms and Conditions.
Registration and use of the Website
Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to V-UNIQUE. You will need to use your unique username and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall be used for personal use only; and not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such order, save where the order is canceled by you in accordance with these Terms and Conditions.
You agree to notify V-UNIQUE immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
Age of Consent
V-UNIQUE operates under the “Age of Consent” Law, by placing an order on V-UNIQUE’S Website, you declare that you are of the appropriate legal age to purchase the items. Our website is not directed at children. You warrant that you are 18 (eighteen) years of age or older.
Website Security
You agree that you will not in any way use any device, software, or another instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized V-UNIQUE representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized V-UNIQUE representative.
The Conclusion of sales and availability of stock
Registered users may place orders for Goods, which V-UNIQUE may accept or reject. Whether or not V-UNIQUE accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by V-UNIQUE for the Goods. V-UNIQUE will indicate the acceptance of your order upon receipt of payment, subject to our terms and conditions. V-Unique will indicate the rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount already paid. After delivery of the Goods, you may return the Goods only in accordance with the Returns Policy.
Placing Goods in a wish-list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold V-UNIQUE liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage. You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice.
In the case of Goods for sale by V-UNIQUE, V-UNIQUE will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, V-UNIQUE will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Payment can be made for Goods via – Visa, Mastercard, PayPal, Paygate or Mobicred; You warrant that you are fully authorized to use the card number and details provided for the purposes of paying the Goods. You also warrant that your account has sufficient available funds to cover your order.
Delivery of goods
V-UNIQUE offers delivery of Goods to you via courier.
For more information about delivery, please see our Shipping and Delivery terms, which are incorporated into these Terms and Conditions by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out and conclude your order.
Where it accepts your order, V-UNIQUE will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether to cancel your order for the Goods subject to our Returns and Refunds Policy. V-UNIQUE ‘s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. V-UNIQUE is not responsible for any loss or unauthorized use of a product after it has delivered the product to the physical address nominated by you.
Errors and Omissions
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors and omissions of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns and Refund Policy.
Gift Vouchers & Coupons
V-UNIQUE may from time to time make electronic gift vouchers (“Gift Vouchers”) and promotional V-UNIQUE Loyalty Points (Loyalty Points) available for use on the Website towards the purchase of V-UNIUQE Goods. Gift Vouchers and Loyalty Points can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers
Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that V-UNIQUE give away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Loyalty Points. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
V-UNIQUE is not responsible for any harm due to the loss, unauthorized use or unauthorized distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
Loyalty Points
Loyalty Points may only be redeemed on a purchase with a total cart value of no less than R5,000;
Loyalty Points are issued in V-UNIQUE’s sole discretion and we are entitled at any time to correct, cancel or reject a Loyalty Point for any reason (including without limitation where a Loyalty Point has been distributed in an unauthorized manner). Users do not have a right to Loyalty Points, and Loyalty Points cannot be earned. Loyalty Points are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the Loyalty Point itself:
each Loyalty Point can only be used once;
only one Loyalty Point can be used per order;
only one Loyalty Point can be used on the Website per person per promotion/campaign;
Where a Loyalty Point has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Loyalty Points and will need to place the order again, without the item that you wished to cancel;
A Loyalty Point must be used at check-out – it cannot be used later, on existing orders; and
the value of the Loyalty Point will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Loyalty Points cannot be used to buy Gift Vouchers or other Loyalty Points and cannot be exchanged or refunded for cash or credit. V-UNIQUE is not responsible for any harm due to the loss, unauthorized use, or distribution of a Loyalty Point.
If for any reason a Loyalty Point does not reflect on the final amount due from you at check-out, you can contact us at info@v-unque.co.za to confirm if the Loyalty Point is still valid. If V-UNIQUE confirms that the Loyalty Point is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Loyalty Point, or you can use the Loyalty Point on your next order within the limitations of the specific Loyalty Point’s terms and conditions.
You may be required to submit the original communication containing the Loyalty Point code, and any other information reasonably requested by V-UNIQUE, before you are able to use a Loyalty Point.
Privacy policy
V-UNIQUE understands that your personal information is exceptionally important to you, especially given the nature of our website and the products we sell, it is our duty to keep it safe and secure. We will always apply the most stringent legislation procedures to protect your data.
We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
your name and surname;
your email address;
your physical address;
your gender;
your mobile number; and
your date of birth.
Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
V-UNIQUE will not, without your express consent:
use your personal information for any purpose other than as set out below:
in relation to the ordering, sale, and delivery of Goods;
to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits or tracking your sales on the Website; or
disclose your personal information to any third party other than as set out below:
to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc.). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address.
We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, V-UNIQUE is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details with a rating or review.
We will –
treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
provide you with access to your personal information to view and/or update personal details;
promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
V-UNIQUE undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than V-UNIQUE, V-UNIQUE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
This website makes use of "cookies" to automatically collect information and data through the standard operation of the Internet servers. "Cookies" are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user's ongoing access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allow you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser, you may not be able to use those features, and your access to our website will, therefore, be limited. If you do not disable “cookies,” you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions above.
Changes to these Terms and Conditions
V-UNIQUE may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions or partners electronically in accordance with our privacy policy.
Ownership and copyright
The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website ("Website Content") are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of V-UNIQUE, its advertisers and/or sponsors and/or is licensed to V-UNIQUE.
You will not acquire any right, title, or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via info@v-unique.co.za.
Where any of the Website Content has been licensed to V-UNIQUE or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.
Disclaimer
The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website.
Whilst V-UNIQUE takes reasonable measures to ensure that the content of the Website is accurate and complete, V-UNIQUE makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by V-UNIQUE’s representatives, V-UNIQUE shall not be bound thereby.
V-UNIQUE disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
Any views or statements made or expressed on the Website are not necessarily the views of V-UNIQUE, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, V-UNIQUE also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of V-UNIQUE, its employees, agents or authorized representatives. V-UNIQUE thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Limitation of liability
V-UNIQUE cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of V-UNIQUE, its employees, agents, or authorized representatives.
V-UNIQUE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE. YOU HEREBY INDEMNIFY V-UNIQUE AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE.
Availability and termination
We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
V-UNIQUE may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that V-UNIQUE will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you. or purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended by V-UNIQUE to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and V-UNIQUE, in whole or in part, on notice to you. V-UNIQUE shall only be liable to refund monies already paid by you, see, (V-UNIQUE’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order. At any time, you can choose to stop using the Website, with or without notice to V-UNIQUE.
Governing law and jurisdiction
These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
In the event of any dispute arising between you and V-UNIQUE, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
Nothing in this Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
V-UNIQUE hereby selects No.132 4th Street, Parkmore, Sandton, Johannesburg, 2196 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). We may change this address from time to time by updating these terms and conditions as needed.
The email address: accounts@v-unique.co.za
